The
National Marine Fisheries Service (NOAA Fisheries) has published a proposed
rule to establish referendum procedures and a vote weighting formula
for the Gulf of Mexico (Gulf) Red Snapper Individual Fishing Quota (IFQ)
Program in the Federal Register on October 27, 2003, for public
review and comment. The proposed rule provides potential participants
with information about the schedule, procedures, and eligibility requirements
for participating in referendums to determine whether or not an IFQ
program for the Gulf commercial red snapper fishery should be prepared,
and if so, whether it should subsequently be submitted to the Secretary
of Commerce (Secretary) for review. The intended effect of this proposed
rule is to implement the referendums consistent with the requirements
of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens
Act).

Referendum Processes

Establishment of a red snapper IFQ program
is a two-tiered process requiring that separate referendums be conducted
by NOAA Fisheries. In the first referendum, fishermen qualified to vote
will be asked to decide whether or not an IFQ program should be established.
NOAA Fisheries will present the results of the first referendum to the
Gulf of Mexico Fishery Management Council (Council), and, at that time,
the Council may elect to proceed with development of an IFQ plan amendment
(assuming a majority vote "yes" by fishermen for the first
referendum). After preparation of an IFQ plan amendment, the Council
may vote to submit the plan amendment to the Secretary, pending approval
by those voting in the second referendum. In the second referendum,
fishermen qualified to vote will be asked to decide whether the alternatives
proposed in the IFQ plan amendment are acceptable and may be submitted
to the Secretary for review. It should be noted, however, that even
if both referendums pass, the Secretary is not mandated to enact an
IFQ program.

Who Would Be Eligible to Vote in the Referendums

Section 407(c)(2) of the Magnuson-Stevens
Act establishes criteria regarding eligibility of persons to vote in
the referendums. After careful consideration of those criteria, NOAA
Fisheries has determined that the following persons would be eligible
to vote in the referendums.

For the Initial Referendum

(A)
A person according to NOAA Fisheries' permit records who has continuously
held their Gulf of Mexico red snapper endorsement/Class 1 license from
September 1, 1996, through the date of publication in the Federal Register
of the final rule implementing these referendum procedures;
(B) in the case of a Class 1 license that has been transferred through
sale since September 1, 1996, the person that according to NOAA Fisheries'
permit records holds such Class 1 license as of the date of publication
in the Federal Register of the final rule implementing these referendum
procedures; (C) in the case of a Class 1 license that has been transferred
through lease since September 1, 1996, both the final lessor and lessee
as of the date of publication in the Federal Register of the final rule
implementing these referendum procedures, as determined by NOAA Fisheries'
permit records;and (D) a
vessel captain who harvested red snapper under a red snapper endorsement
in each red snapper commercial fishing season between January 1, 1993,
and September 1, 1996.

Eligibility criteria for the second referendum
are identical to that established for the first referendum and will
be announced in a future Southeast Fisheries Bulletin if the first referendum
passes by a majority "yes" vote by eligible voters and the
Council then elects to proceed with development of an IFQ plan amendment.

How Would Votes Be Weighted

NOAA Fisheries will obtain applicable red
snapper landings data from the Southeast Fisheries Science Center reef
fish logbook database. Information from the NOAA Fisheries' Southeast
Regional Office permit database will be used to assign total applicable
landings to each eligible voter (red snapper endorsement/Class 1 license
holder, lessee/lessor, or vessel captain. To address confidentiality
concerns, NOAA Fisheries would establish a series of categories (ranges)
of red snapper landings based on 5,000 pound intervals (e.g., 0-5,000
pounds; 5,001-10,000 pounds) etc., concluding with the interval that
includes the highest documented landings. Each eligible voter's total
landings during the period January 1, 1993, and September 1, 1996, would
be attributed to the appropriate category. The overall landings attributed
to each category would be determined. That average number of pounds
would be the vote weighting factor, i.e., one vote for each such pound,
for each eligible voter whose landings fall within that category. For
example, if the overall average number of pounds attributed to the 5,001-10,000
pound category is 8,150 pounds, each eligible voter within that category
will receive 8,150 votes.

How Would the Vote Be Conducted

On or about November 15, 2003, NOAA Fisheries
will mail each eligible voter a ballot that would specify the number
of votes (weighting) that the voter is assigned. NOAA Fisheries will
mail the ballots and associated explanatory information, via certified
mail return receipt requested, to the address of record indicated in
NOAA Fisheries' permit database for red snapper endorsement/Class1 license
holders and, for vessel captains, to the address provided by the captains
during the prior information solicitation that ended August 18, 2003.
All votes assigned to the eligible voters must be cast for the same
decision, i.e., either all to approve or all to disapprove the applicable
referendum question. The ballot must be signed by the eligible voters.
Ballots must be mailed to Phil Steele, Southeast Regional Office, NMFS,
9721 Executive Center Drive N, St. Petersburg, FL, 33702. Ballots for
the initial referendum must be received at that address by 4:30 p.m.
eastern time, December 15, 2003; ballots received after that deadline
will not be considered in determining the outcome of the initial referendum.
Although not required, voters may want to consider submitting their
ballots by registered mail.

How Would the Outcome of the Referendum
Be Determined

Vote
counting will be conducted by NOAA Fisheries. Approval or disapproval
will be determined by a majority of the votes cast. NOAA Fisheries will
prepare a fishery bulletin announcing the results of each referendum
that is conducted and will distribute the bulletin to all Gulf reef
fish permitees, including dealers, and other interested parties. The
results will also be posted on NOAA Fisheries Southeast Regional Office's
website at http://caldera.sero.nmfs.gov.

What Would Happen After the Initial Referendum

NOAA Fisheries would present the results
of the initial referendum at the January 13-16, 2004, Council meeting
in Austin, Texas. If the initial referendum fails, the Council cannot
proceed with preparation of a plan amendment and regulations to implement
an IFQ program. If the initial referendum is approved, the Council would
be authorized, if it so decides, to proceed with the development of
a plan amendment and regulations to implement an IFQ program for the
commercial red snapper fishery in the Gulf of Mexico. The proposed IFQ
program would be developed through the normal Council and rulemaking
process that would involve extensive opportunities for industry and
public review and input at various Council meetings, public hearings,
and during public comment periods on the plan amendment and regulations.
The plan amendment and regulations would only be submitted to the Secretary
for review and approval or disapproval if in a second referendum approval
of the submission was passed by a majority of the votes cast by the
eligible voters as described in this proposed rule.

Written comments on the proposed rule must
be sent to Phil Steele, Southeast Regional Office, NMFS, 9721 Executive
Center Drive N., St. Petersburg, FL 33702, and must be received no later
than 4:30 p.m., eastern time, on November 10, 2003. Comments also may
be sent via fax to Phil Steele at 727-570-5583. Comments will not be
accepted if submitted via e-mail or Internet. Copies of supporting documentation
for this proposed rule, which includes a Regulatory Impact Review and
a Regulatory Flexibility Act Analysis are available from NOAA Fisheries’
Southeast Regional Office at the address above.

NOAA Fisheries is an agency of the Commerce
Department's National Oceanic and Atmospheric Administration.